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(영문) 서울동부지방법원 2015.10.16 2014나24312
지분이전등기청구
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1 through 14, evidence No. 2, each entry of evidence No. 3, and the purport of the whole pleadings);

A. On August 16, 2007, 14m2 (hereinafter “instant land before the instant subdivision”) was divided into 14,067m2 of C forest land, 713m2 of D forest land (the registration conversion was made on July 22, 2009), E forest land 1,982m2 (the registration conversion was made on July 22, 2009 as the land listed in the same list) and F forest land 91m2 (the registration conversion was made on July 22, 2009 as the land listed in the same list), G 91m2 of G forest land (the registration conversion was made on July 22, 2009 as the land listed in the same list) and the list of 314,067m2 of forest land was subdivided into the same list of land or the same list of 14,067m2.

(hereinafter referred to as “each of the instant real estates”. B.

With respect to each of the instant real estate owned by H on January 18, 2007, the registration of transfer of ownership in the name of the defendant was completed on December 29, 2006 due to sale and purchase as of December 29, 2006.

C. I paid to the mother-friendly J of the above H KRW 10 million on September 27, 2006, and KRW 30 million on November 30, 2006, respectively.

2. Judgment on the main claim

A. The Plaintiff’s assertion - The Plaintiff’s claim for share transfer following the termination of the partnership agreement (1) concluded a partnership agreement with the Defendant to develop and resell each of the instant real estate to another person, and jointly purchase the instant real estate in accordance with the agreement, and completed the registration of ownership transfer in the name of the Defendant solely for convenience, even though the remainder was borne by the Plaintiff, as well as by the Defendant.

② At present, the resale of each of the instant real estate became impossible, and there was a reason for dissolution of a partnership relationship between the Plaintiff and the Defendant. Since a preparatory document dated March 24, 2014, stating the Plaintiff’s declaration of intent to dissolve, reached the Defendant on March 25, 2014, the instant partnership agreement was terminated upon the Plaintiff’s request for dissolution.

(3) If so,

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